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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSM. Conflict of Laws (Civil Code, arts. 15-18)2. Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumptionf. Lex Fori

Question

Subject: Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption

Alice, a resident of the Philippines, entered into a contract with Bob, a resident of France, for the sale of goods. The contract did not specify the applicable law in case of disputes. A dispute arose between the parties regarding the performance of the contract. They brought the case before a Philippine court.

Based on the facts given:

  1. What is the principle of "Choice of Law" in conflicts of law situations?
  2. In the absence of a choice of law by the parties, how will the Philippine court determine the governing law?
  3. What is the doctrine of "Renvoi"?
  4. How does the doctrine of "Processual Presumption" apply in this case?
  5. Assuming that the Philippine court applies the doctrine of "Renvoi," what would be the governing law for resolving the dispute?



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Bar Review Question: Subject: Choice of Law, Doctrine of Renvoi, Doctrine of Processual Presumption Alice, a resident o